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My professional perspective of this legal guide about corporal punishment is that of a rural school campus principal. The intended audience of this legal guide is the teachers, parents and students of Grandfalls-Royalty ISD in Grandfalls, Texas. I chose this topic to inform students and parents of their rights and options when discipline is in need of being enforced. This guide will also inform teachers of the proper steps and procedures to follow when handling discipline, specifically corporal punishment.

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Slide 2 Interview with GRISD Superintendent Brett Starkweather

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Slide 2 Interview with GRISD Superintendent Brett Starkweather

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The superintendent of GRISD was gracious enough to speak with me regarding proper procedures when handling corporal punishment. This legal guide will serve as an important document to walk through proper procedures of discipline, specifically corporal punishment, and to inform parents and students of their rights and options when discipline is being enforced. This legal guide will also make teachers aware of students rights and proper discipline procedures to reduce legal liability when administering corporal punishment. Discipline when administered correctly can set the tone for expectations and school culture while creating a positive, safe and collaborative learning environment for all students (B. Starkweather, personal communication, June 22, 2020). Starkweather (2020) recommends thorough review of student records before corporal punishment is administered. This could mean but not limited to the following:
1. Check student records to indicate whether parent/guardian has signed off allowing corporal punishment.
2. Call parent/guardian to inform them of the issue and reiterate that corporal punishment is an option and ask if this is the type of punishment they would like carried out. Also, give the parent/guardian the opportunity to have a conference in person with the administrator, teacher or staff member of who's supervision the incident in question took place, and the student.
3. Check student for a behavior intervention plan and/or for special education concerns. IF A STUDENT IS DEEMED SPECIAL ED, CORPORAL PUNISHMENT IS NOT AN OPTION (B. Starkweather, personal communication, June 22, 2020).
Corporal punishment is only allowed in 19 states, with Texas being one of those 19. Many states have banned the use of corporal punishment, and many school districts within the state of Texas have done the same. The latest to do so was New Mexico in 2011, and the state has not seen a rise discipline referrals since the banning of corporal punishment (Farmer & Neir, 2020). According to Farmer and Neir (2020), many states like New Mexico have implemented positive behavioral supports (PBS) and have seen a decline in discipline referrals in public schools. These statistics have helped lead the charge for organizations like the American Academy of Child and Adolescent Psychiatry (AACAP) to have corporal punishment banned in all U.S. states. If the efforts of the AACAP are successful, corporal punishment could be replaced with PBS.
References
Farmer, A., Neir, A. (2020). Impairing education: Corporal punishment of students      with disabilities in us public schools. Retrieved from    https://www.aclu.org/impairing-education-corporal-punishment-students-disabilities-us-public-schools-html#toc55
Starkweather, B. (2020). Personal Communication.

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Slide 3 Professional Association: TASB Outline of Discipline Enforcement

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Slide 3 Professional Association: TASB Outline of Discipline Enforcement

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The following document is a detailed outline on which discipline tactic is appropriate for the offense committed. The document comes from the Texas Association of School Boards (TASB), and correlates with chapter 37 of the Texas Education Code. This outline is a step by step procedure of consequences that could help determine the difference between an alternative educational placement and in-school suspension.
https://www.tasb.org/services/legal-services/tasb-school-law-esource/students/documents/chapter_37_chart.aspx.

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Farmer, A., Neir, A. (2020). Impairing education: Corporal punishment of students      with disabilities in us public schools. Retrieved from    https://www.aclu.org/impairing-education-corporal-punishment-students-disabilities-us-public-schools-html#toc55
This article takes the perspective of doing away with corporal punishment. I chose this article because it does inspire thought for alternative discipline strategies in place of corporal punishment, expulsion and suspensions. This article also breaks down the demographics of students who have received corporal punishment in the 19 states corporal punishment is still allowed.

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Slide 5 Journal of Health, Psychology and Medicine Article 

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Slide 5 Journal of Health, Psychology and Medicine Article 

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Gershoff, E.T. (2017). School corporal punishment in global perspective:    Prevalence, outcomes, and efforts at intervention. Journal of Health, Psychology    and Medicine. (22). p. 224-239. doi: 10.1080/13548506.2016.1271955 Retrieved from https://www.tandfonline.com/doi/full/10.1080/13548506.2016.1271955
This article takes a look at corporal punishment laws in public schools around the world. Three industrialized countries, Australia, South Korea and the United States are the only countries who allow corporal punishment in schools. This article also explores legal liabilities and risk management for schools who still issue corporal punishment.

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Slide 7 Use of Corporal Punishment : Judicial Law

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Slide 7 Use of Corporal Punishment : Judicial Law

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Use of corporal punishment: Judicial Law: Serafin v. School of Excellence in Education 554 U.S. 922 (2008). https://www.supremecourt.gov/Search.aspx?FileName=/docketfiles/07-9760.htm. Jessica Serafin petitioned for writ of certiorari to the United States Court of Appeals for the Fifth Circuit and was denied. Serafin had recently turned 18 and had left campus without permission to get breakfast. Serafin stated she did not sign consent forms to be paddled with a wooden board. Serafin was restrained and paddled. After the first strike, Serafin’s hand broke free from the restraints and was struck with the board. The principal allegedly said, “that didn’t count”, and struck her a third time. Serafin was checked out of school by her mother and went to the emergency room for bleeding on her buttocks. The Supreme Court ruled the corporal punishment was in accordance with school procedures.

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Slide 8  Use of Corporal Punishment: Statutory Law

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Slide 8  Use of Corporal Punishment: Statutory Law

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Use of corporal punishment: Statutory Law: The use of force, but not deadly force, against a person is justified: (1)  if the actor is entrusted with the care, supervision, or administration of the person for a special purpose; and (2)  when and to the degree the actor reasonably believes the force is necessary to further the special purpose or to maintain discipline in a group. Tex. Penal Code §9.62. (1994). https://statutes.capitol.texas.gov/SOTWDocs/PE/htm/PE.9.htm

This statute explains the use of force including restraints from educator to student to resolve a discipline issue safely.
This statute also helps protect the safe learning of all students in an educational setting.

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Slide 9 Use of Corporal Punishment: Constitutional Law

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Slide 9 Use of Corporal Punishment: Constitutional Law

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Use of corporal punishment: Constitutional Law: U.S. const. amend. IV. The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized. https://constitution.congress.gov/constitution/amendment-4/

The Fourth Amendment explains to us every citizen’s right to freedom from unreasonable search and seizure. The Fourth Amendment will be used to explain probable cause for search and seizure in a public-school setting. Contraband must be found on person or with personal belongings and administrators must have reasonable cause to believe contraband may cause imminent danger to oneself and other to preform search of person beyond a pat-down.

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Slide 10 Local Administrative Law: GRISD Student Handbook

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Slide 10 Local Administrative Law: GRISD Student Handbook

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Grandfalls-Royalty Student Handbook (2020) Use of corporal punishment. p.8. Retrieved from:  https://s3.amazonaws.com/scschoolfiles/1759/grandfalls_royalty_isd_student_handbook_19-20.pdf.
Corporal punishment—spanking or paddling a student—may be used as a discipline management technique in accordance with the Student Code of Conduct and district policy FO(LOCAL). However, in accordance with law, the district may not administer corporal punishment if a student’s parent submits a signed, written statement prohibiting its use. A parent who does not want corporal punishment administered to his or her child must return the form included in the forms packet. This signed statement must be submitted each school year. A parent may revoke this prohibition at any time during the school year by providing a signed statement to the campus principal.
Note: District personnel may use discipline methods other than corporal punishment if a parent requests that corporal punishment not be used. If the district knows that a student is in temporary or permanent custody of the state (through foster care, kinship care, or other arrangements), corporal punishment will not be administered, even when the student’s caregiver or caseworker has not submitted a signed statement prohibiting its use.

Above is the GRISD corporal punishment policy per the GRISD student handbook. The policy explains parents have the right to opt out of corporal punishment as an option. The policy also states that parents may opt into their child receiving corporal punishment with written request.

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Slide 6 Use of Corporal Punishment: Administrative Law

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Slide 6 Use of Corporal Punishment: Administrative Law

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Use of corporal punishment: Administrative Law: "Corporal punishment" means the deliberate infliction of physical pain by hitting, paddling, spanking, slapping, or any other physical force used as a means of discipline.

The term does not include:(1)  physical pain caused by reasonable physical activities associated with athletic training, competition, or physical education; or(2)  the use of restraint as authorized under Section 37.0021.(b)  If the board of trustees of an independent school district adopts a policy under Section 37.001(a)(8) under which corporal punishment is permitted as a method of student discipline, a district educator may use corporal punishment to discipline a student unless the student's parent or guardian or other person having lawful control over the student has previously provided a written, signed statement prohibiting the use of corporal punishment as a method of student discipline.(c)  To prohibit the use of corporal punishment as a method of student discipline, each school year a student's parent or guardian or other person having lawful control over the student must provide a separate written, signed statement to the board of trustees of the school district in the manner established by the board.(d)  The student's parent or guardian or other person having lawful control over the student may revoke the statement provided to the board of trustees under Subsection (c) at any time during the school year by submitting a written, signed revocation to the board in the manner established by the board.

37 Tex. Admin. Code §37.0011 (2011). https://statutes.capitol.texas.gov/Docs/ED/htm/ED.37.htm

This law will be used to establish the baseline of what, when, where and why corporal punishment could be used in the Texas public school system.
This law also provides a list of student and parents rights on receiving or allowing corporal punishment to be enforced.
This law provides what liabilities are at risk for administrators of corporal punishment and the school district.

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(G) Standard 1.7. The educator shall comply with state regulations, written local school board policies, and other state and federal laws. 19 Tex. Admin. Code. §247.2 (2018). Retrieved from  https://texreg.sos.state.tx.us/public/readtac$ext.TacPage?sl=R&app=9&p_dir=&p_rloc=&p_tloc=&p_ploc=&pg=1&p_tac=&ti=19&pt=7&ch=247&rl=2
This code bounds Texas administrators to follow all laws, regulations and statutes in regards to student safety. This administrative code helps hold administrators and teachers accountable and keeps the best interest of all students in mind.

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Slide 12 Non Law Source: Collaborative Leadership

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Slide 12 Non Law Source: Collaborative Leadership

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Dewitt, P.M. (2017). Collaborative leadership. six influences that matter most. Thousand Oaks, California. Sage Publications Ltd.
Link to purchase book: https://us.corwin.com/en-us/nam/collaborative-leadership/book249055

Collaborative Leadership by Peter Dewitt (2017) is a book that guides administrators down the path of collaborative leadership with peers, co-workers and students. The book does have many references to creating positive relationships with students that would help build a healthy and safe environment while minimizing discipline referrals.

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Slide 13 Recommendations for Use of Corporal Punishment

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Slide 13 Recommendations for Use of Corporal Punishment

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1. Investigate the situation fully before making a hasty or rash decision. Do not act out of emotion.
2. Keep the best interest of the student in mind
3. Double check your paperwork. Make sure you have the proper forms filled out by the student's parent or legal guardian. Also, check to see if any behavioral intervention plans are in place and/or and special education guidelines (including homeless status) are in place to handle discipline.
4. Make contact with the parent or legal guardian to inform them of the situation. Encourage a face to face conference with the teacher who witnessed the incident, the administrator responsible for discipline, the parent or guardian, and the student.
5. Refer to the TASB legal document (https://www.tasb.org/services/legal-services/tasb-school-law-esource/students/documents/chapter_37_chart.aspx.) regarding use of corporal punishment and the consequences that must be enforced related to the nature of the offense.
6. Refer to the student handbook and student code of conduct for guidance on discipline.
7. Refer to past instances of the same offenses to ensure a pattern of consistency in discipline.